Cable Marine, Inc. v. M/v Trust Me Ii, M. Whiting, Ronald Gurvin and Small Boat Rentals, Inc.

Plaintiff appeals from the denial of attorney’s fees incurred in its successful suit on a maritime lien. Holding the district court did not abuse its discretion in denying attorney’s fees, we affirm.

Plaintiff filed suit on October 20, 1978, to recover for repairs it performed on a forty-one foot vessel owned by defendant. Plaintiff claimed $3,960 as the amount owed, plus costs and attorney’s fees. Defendant, contending that it was overcharged for the repairs, had sent a check for $2,500 to plaintiff prior to the filing of suit, but plaintiff refused to accept this payment.

The parties engaged…